Court Approves Restart of Mining Operations at Tendele Anthracite Coal Mine

In a recent development, the Pietermaritzburg High Court granted Petmin’s Tendele Mining permission to proceed with the expansion of its Somkhele anthracite coal mine in rural KwaZulu-Natal. This decision comes after the court denied an application to halt mining activities filed by the Mfolozi Community Environmental Justice Organisation (MCEJO) and other non-governmental organisations (NGOs). While the court’s ruling allows Tendele Mining to resume mining operations, the applicants are considering filing an urgent appeal.

The legal battle over the Somkhele coal mine began when activist groups such as MCEJO and the Global Environmental Trust (GET) petitioned the court to stop the contentious restart of mining. They claimed that the mining operations could not be carried out legally until the company met several requirements outlined in an order issued by the North Gauteng High Court in Pretoria the previous year. Tendele’s failure to meet statutory requirements, as well as numerous flaws in its Environmental Impact Assessment (EIA) and public participation processes, were highlighted by Justice Noluntu Bam in that ruling.

The order issued by Justice Bam required the reconsideration of MCEJO’s appeal against the decision to grant the mining right, which had previously been dismissed by Mining Minister Gwede Mantashe. MCEJO interpreted this to mean that the mining right was no longer valid. Tendele Mining, on the other hand, claimed that Bam’s order did not nullify their mining rights, but rather preserved them, allowing them to resume mining operations. The company emphasised the importance of restarting mining to avoid lenders calling in their debts, which could lead to the mine’s permanent closure.

The Somkhele mine had been in operation for 15 years before ceasing operations in July of the previous year due to resource depletion. Because of MCEJO’s opposition, plans to expand operations were put on hold. The mine, which employed approximately 1,200 people, primarily produced anthracite coal, a higher quality product used in the ferrochrome and ferromanganese industries, as opposed to thermal or power station coal.

The proposed expansion of the Somkhele mine has been a source of contention in the community, gaining prominence in late 2020 after Fikile Ntshangase, an active MCEJO member, was tragically assassinated in her home. MCEJO and co-applicants argued in court that mining would violate the community’s land rights, endanger their livelihoods, and pose health risks. Tendele Mining, on the other hand, claimed that the effects could be mitigated and accused the applicants of exaggerating the damage.

In the recent judgment handed down by the high court in Pietermaritzburg, Judge Piet Koen acknowledged that the parties could have sought clarification from Judge Bam regarding her intentions with the judgment. He noted that the order did not simply declare invalidity but instead stated that the decisions were “not set aside.” According to Koen, if Bam had intended to halt mining activities, she would have explicitly set the decision aside. The judge emphasized that the order carried a strong inference that Bam did not want mining to stop, as she sought to balance competing interests. Koen’s judgment was welcomed by Tendele Mining.

Kirsten Youens of the environmental justice law firm All Rise, who represented the applicants, expressed disappointment, stating that allowing mining to proceed without proper consultation and addressing key issues was a travesty of justice. Youens confirmed that she was consulting with her clients about filing an emergency application for leave to appeal the decision.

Tendele Mining is preparing to restart operations at the Somkhele anthracite coal mine, but a legal battle and community opposition continue to cast doubt on the project’s future. The potential environmental and socioeconomic consequences of the expansion continue to be a source of concern, highlighting the ongoing debate between mining interests and environmental and community groups attempting to protect their rights and resources.

Main Image:    Mining Review Africa